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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 26, 2016, the Defendant was notified of a summary order of a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul East District Court (Seoul East District Court). On December 7, 2017, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Seoul East District Court.
Criminal facts
On July 31, 2018, the Defendant driven a motor vehicle with approximately 10 meters of alcohol level 0.184% under the influence of alcohol level in the blood while under the influence of around 22:55 on July 31, 2018.
Summary of Evidence
1. Statement by the defendant in court;
1. The alcohol appraisal report and the driver's license register of motor vehicles among blood;
1. A previous conviction: A reply to inquiry, such as criminal history, and the application of the same electric power statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and attend lectures, has reached three times before and after drinking, two times in 2016 and two times in 2017, repeating drinking during the last two years. The alcohol content at the time of the instant case was also 0.184%.
However, the punishment shall be determined in consideration of the fact that there is no previous conviction exceeding the fine, the fact that there is no previous driver without a license, and the defendant is against the defendant.